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(영문) 수원지방법원 2016.08.25 2015가단127168
매매대금반환
Text

1. Defendant C’s KRW 115,00,000 and the Plaintiff’s annual rate of KRW 5% from June 1, 2015 to September 16, 2015.

Reasons

1. Basic facts

A. On October 8, 2014, Defendant C entered into a sales contract with Defendant B on the aggregate of 3,306 square meters of forest land in Pyeongtaek-si owned by Defendant B and 10,813 square meters of forest land in H 10,813 square meters and 60 square meters of forest land in common with Defendant B, with Defendant B, with Defendant B at KRW 1,138,500,000,000 for the purchase price of KRW 20 million on October 8, 2014, and the remainder of KRW 30 million on October 14, 2014; KRW 150,000 on November 3, 2014; and KRW 50,000 on April 20, 2015.

B. On November 6, 2014, the Plaintiff entered into a sales contract with Defendant C to pay KRW 198,000,000 for the purchase price (hereinafter referred to as “instant sales contract”) with regard to the real estate purchased under the said paragraph (1) of the same Article (if the real estate is subdivided according to the provisional division set out in Defendant C, it shall be a parcel number, and if so, it shall be a part of the land number. Following the following: (a) the Plaintiff paid KRW 30 million for the down payment.

The Plaintiff and Defendant C, at the time of the payment of intermediate payment, drafted a new contract and partly amended the terms and conditions of the contract, and the revised intermediate payment was paid KRW 120 million as of December 11, 2014, and the remainder KRW 48 million was paid on March 29, 2015.

C. On December 10, 2014, the Plaintiff remitted KRW 70 million to Defendant C, and on December 11, 2014, the Plaintiff returned KRW 50 million from Defendant C, and subsequently made the appearance such as the payment of part payments of KRW 120 million by remitting the part payments to Defendant C.

On March 30, 2015, Defendant C will register to the Plaintiff on April 30, 2015, “I will make a registration by April 30, 2015, in relation to the sale of roads other than Pyeongtaek-si I and J (H’s clerical error). However, if the transfer of registration is not possible, I will pay KRW 115,00,000 of the purchase price. If the land and the disposal are not possible, I will make a payment in one-month installments (hereinafter “each of this case”).

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